What’s the cost of unauthorised use of celebrity endorsements?
It has been reported that Pelé is suing Samsung in the US for £20.8m for false endorsement. There is no ’personality’ right in the UK, but high-profile individuals may still be able to claim under the law of passing off for unauthorised use of their ’name’ or ’image’. How can you ensure that you are not caught out?
The last case in the UK was in relation to Topshop’s unauthorised use of Rihanna’s image on a T-shirt. Topshop lost and faced not only having to pay Rihanna’s usual endorsement fee, but also her £1m legal bill.
Addleshaw Goddard head of intellectual property disputes Emma Armitage says: “Use of a celebrity’s image in an advert without permission will always trigger alarm bells.
“However, brands and retailers should also be aware that using photographs of celebrities wearing your products in marketing materials or on your ecommerce platform could result in issues.”
This may seem innocuous. The celebrity bought the product because they liked it. You have agreed a fee with the owner of the copyright in the photograph to use it.
“But if the context in which it is used suggests some form of endorsement or authorisation then you may be in trouble,” adds Armitage.
To guard against issues, you should be careful about any captions and headings used with a photograph.
A disclaimer that the celebrity is not associated with you and does not endorse your products may be helpful but not necessarily definitive.
Not every celebrity will be able to command millions. As a rule of thumb, the higher profile the individual the higher the likely price. The risk will always need to be weighed against the rewards.
No comments yet